The Sun. — London, England, 1808-08-04 00:00:00

HOME CIRCUIT. TIERTFORD, TvEsDAy, Auc. 2. - , George.and Thomas Shepherd and IP, Fremon, were iedieled tor :stealing, on the 12th of July, three silver tea-spoons, a silver punch-ladle,. a glass pepper-castor, and a : wine-glass, from,the Pin-_ ddr's Arms public-house, on Hertford Common. Mr. Curtwoon, 'as',Counsel for the prosecution, called tir the serjousatteritten of the Jury, inasmuch as this case was attended with singular circumstances, and it would be a question of the intention of the Prisoners ; for of the, aa of . their taking the articles alledged there could lie no doubt. Of the three Prisoners at the bar; Freeman was the sun of a most respeetable tradesman ; the two others Were brothers, the eldest ofwhone was not more than ifs, and the other 16 years 4 age ; they Were the sons of a Gentleotan of _great respeaabilny and of large fo.:tune e and were nearly allied to persons,whO'held • most exalted rank in the Country. • lii iiitY'fo the agonizing feelings of their relative, he could .not be ee.peeted to state more explicitly their,cohnebions; they u erJunder their father's will, though neither Of them v , as tine eldest son, to inherit a fortune. of 20.060 i. each, oncoming of age. He did not stale this with any view of ,prejudicing the Jury in their favour; British .Justice was impartial to all, and shone with equal rays on the rich and on the pear, nor would the Learned Judge suffer any such sit tempt to pass uncensored. But it was important to stait tt upon this occasion, inasmuch as it,repelied the presumption of those Motives which induce men to the pere •tration of crimes - such as were iniputed by the present iouictinent. . The facts of the case were very' short. On the 2t3th of July the three Prisoners lett London as early as five o'c,Ock in the morning, on horseback, and took the.roed to Hertford. Teey called several public-houses, and drar . c at each. The whol of their conduct, in hard riding and drinking, vyasnot that of persun* decorously pursuing their oiseAsure in a manner befitting their stations, in lite, but rather that of persons giving way - to the unrestrained pur suit of their irregular caprices. They arrivtAd at the house of the Prosecutor same time in the, fore noon, where they had some ale and bread .and cheese, and soon utter departed. TalcatAiately after t h ey were g ,,n e t h e landt4hy missed the articles stated in the indictment ; she gave the alarm to her bus band, who pursued them, and they were apprehend ed in Waltham Abbey Marshes. They were search ed, and the, articles found upon them. With re s•iet-t, therefore, to-the' tad, there could be no .doubt, but the question would be, with Avhat intention they took the articles. The Leaned Counsel. said, it was not every taking against the will of the owner that was a felony, but it must be. dOte with a felo nious intention, with an intention of secretbetaking from the owner with • a view to convert it to the use of the taker, with no design of ever accounting to the owner. If the Jury believed they athd with that 'in tet4ion, they must find them guilty.. But if, fortunately, for the Prisoners, ,tiley should think they did it as a, mad frolic, in the wildness of .mo mentary whim, with .an intention of returning the 7trticles, it would be no felony. But it would be a lesson of dreadful severity to theM, to guardtheir future condua, - and would require a life of, unde viating redtitude to wipe away the stain which this ad must cast upon their charaCters. • The landlord of die Pindes Arms proved/the facts as stated. When he pursued the -Prisoners, com pany with 'a Constable, they were. found, in Wal tham Abbey Marshes ;' they were there walking their horses backward and forward: He addressed them, and said they were the persons, who had taken his spoons. They replifid, be did not know they bad them. He said he would be certain; for he would search them. They did search them hen they got to Waltham, and . be.foutt& his three spoons, a glass pepper box; a wine glass, and a puneh.ladle, of wtheCi were his property. He told then) first that he did not believe them to be thieves, but if, they would 'give up his goods he would take no further notice of them. They said they had often heard of persons Who had :Dade such promises, but - who weee the more severe after waids. After the articles were foued upon them, they were carried before: a Magistrate and committed " for trial. , , • ,-- The Prisoners being called upon for their defence, . . _ Freeman put in a written paper,.iii which be -stated ; that he had no intention of committing any illegal act that on the morning of the- 20th, July, the other two prisoners came to his lodgir:gs and Knock ed him up, telling him they had htred a, horse for hint, and he must go and ride with them.— They accordingly all set off together. They breakfasted at Kingsiand, and afterwards drank at several pubiir!' houses, until they came to the Prose'= cutor's, at Hertford Heath ; that when they were •there„ they saw the articles in the cupboard, arid they proposed - to take them away to frighten the Landlady, and to seeici them tick by the stage the next day, with a note to her, to beware of strangers in: (mare: He con'cluclecl by solemnly denying any design of stealing 'the articleS. Several witnesses were called, who giNe the Prisoners an excellent character for honesty.. Mr. AleXander, Solicitor in London, stated that he was the Trustee tbr the two young men indicled by the name of Shepherd, and that their fortune, oo coming of age, would be at least 20,0001. each., He further added, that their father was recently dead,. and ailiCe his death, being ieft without proper con-' trout, they had behaved "with great irregularity, and boinmitted many, wild excesses. . Another Geialeman, their father's late Agent, staled, that their father, during his life time, allowed them 4us. a wed: for pocket money, and he con-: . tinned the same allowance. • The LORD' CHIEF BARON, in summing up, said that tb4 ralik atta 'entitle ought not, and would not: With the juty, place them in a better situation than the pool / est culprit they had tried. On the con trary, it tie Jury thought they had au intentiuu of stealing the articles they had taken, it was an.aggra-' vition of their case, that they were not tempted by want, which frequently Stimulated those - ofthe lower orders to guilt. It was a singular case, atcd therefore they would attend minutely to the evidence. His Lordship here summed it up, and observed, that 'many parts of it were very bard against them. He chiefly ottnicdted On their conel3ct when they w;re apprehended, wilich he thought marked .rather guilt than a..youtiqul frolic, but it was for the Jury to decide with what intention they took the goods. It at the moment of taking they intended to con vert thein to" their own use, they were guilty of felony; and any after-intention of restoring could not wipe away the original otlence. The Jury found a Verdict of Not Guilty. LAIT .REPORT. COURT ,OF CHANCERY, AUGUST 2. PUBLIC SCHOOLS. EXPARTE THE FREE GRAMMAR-SCHOOL OF LEEDS. This case has been repeatedly before the Court, has been twice sent to a Master to examine into the matters therein contained ; and has come back for farther direEtiotis from his Lordship. It was an application from the Trustees of -the School, and the obje& which they wished to obtain was to enlarge the system of education,•by decreeing that the boys educated under the foundation should' not be merely instructed in Greek . and Latin, but be taught arithmetic, and c all the other .branches of education. - • . Ali annual stipend of 4001. - had been sent apart for the master. , This sum, it was contended, was more than adequate repay• the labours of the master, who; it was admitted, was deserving remuneration, 6eiug a man of great but then it became necessary, in consequence of the. presentsituation of the town of Leeds, and its vast commercial concerns, that die education of their youth. should, uot be. confined _solely to a learned education, but that' such an education should be bestowed as might fit them for business. It was therefore submitted, that the original ietentiou'of the Pu,ioder (upwards of 200 years since), in the application of the. funds of the Charity, was to. bete:- fit the town of Leeds, which could not be so well &tie, as by directing that the eduCation of the scholars upon the foundation should uot onl)ebe learned but liberal. • Sir S.s.stIJEL ItOMILLY, MT. RICH A.RDS, Mr. MAR.. TIN, Mr. OwEns, and Mr. BELL, were heard for and against the application. The :LORD CiIANCZLLOR, after noticing that he had ordered this case to be sent to one of the Masters in Chancery for his decision, with ateple.' directions in what manner to, proceed; lamented that the'Master should have misundersood his meaning. However, his Lordship observed, as it had now tome .leack, he must dispose of it himself in the best man ner ,he was' able ;—he should be obliged, .there fore, to the Gentlemen concerned to assist him. The question to be considered' was, Whether these changes. which 'the application sought to pbtain would be attended with those beneficial ad *vantages which might be hoped by the Applicants ? .As to the degree of . authority which it might be supposed the Court, was invested with, in respett to direding that Spanish and German should be taught in the school, and also that mathematics, algebra, &c. should forma part of the system' of education, the Court could mot in any such manner interfere ; the intention of the original foundation was to be looked at, and whether the plan at present submit . ted would lead_ to beneficial effeds. H:s Lordship thought not ; and observed that there was now to be seen in every village in the kingdom little semi naries of five or sik boys in each-e=a mode of ration which in his opinion did not conduce to bene ficial consequences. to the pipits. For his part, it was the greatest blessing of his lite, that in the early part of it, previous to, being sent to the University, he bad received his education at home for haff-a guiuea per quarter. Upon the whole, his Lordship thought that the made of education, so far as re spected small schools, was not beneficial. In the present case he would take time - to consider of his judgment; but thus• far he would . say, that in exa mining the different trust deedS Made from time to time in resped to this Charity, it appeared that they expressly stated, that it was to be " a Free Grionmar School of the Learned Languages," and, therefore, he did not see hoW he could well decree that the plan 'should be enlarged. He, however, would thank the Gentlemen concerned to give their assist ance in the further consideration. The case of course stands over. RECEIVERS. On an application being made by Sir - SAMUEL RoMILLY to the Loan CHANCELLOR, to call on Mr. Wyatt, of Hatton-Garden, who was the receiver of the rents of certain estates for certain trusts, &sc. to pass his accounts, or another appointed, &c. • '• Mr. HART observed, thatthis Gentleman con sidered himself' as unhandsome).- treated, and that many things had been improperly imputed to him ; so that it was his - wish to retire_ont of the business, in which he met much trouble and labour, which bad'. been ill rekuited . .. Tile whole of, the case had been before the Master, and his report was expect- ell to'be made to-worrow ; and therefore, perhaps, the better course would be to let the matter stand over until the next Seal. - The LORD CHANCELLOR took occasion to ob serve upon the subjed of Receivers in general, with out any reference to the particulars of this case, that , a great reformation was wanting in the pradice of that Court. His Lordship spoke with an animation, that did honour to hisefeeling ; and with a clearness. that was edifying to those who heard him.—" 'the. Alay . (said _his Lordship) which is occasioned by . Receivers not 'passing their accounts in this Court is intolerable. This' Court must take this subjed, into . consideration, and make such regulations as May materially diminish . if not entirely' remove the evil; br e the .whole system of Receivership in the Court must be blown up altogether. There is a great defed in the praetice, arising from an entire mistake, which is, that Receivers are to wait until somebody else moves for, and obtains an order. that they shall pass their accounts. What need have they to Wait for 311611 an order, why not pass their accounts at all seasons, immediately after they are made up. There is an old and original Order, and a very good one it is, That if a ceiver dees not pass his accounts, and pay in his balances from time to time, as they come into his hands, he shall have no salary whatever, although that salary may have been fixed by the a uthorithof this Court.' And why any Master of this Court should, at any time, A ,() NDON Printrd by RICHARD Ha RR Ls, of No. 4, Martlett-court, tow-stret; At the ScN.oi,-.Tr.g No. 11° Strand; 'whore Admit tisrmenis, 07'1 crs or under any cirCurriatatic64, take. upon himself to say-that this original Order should be disobeyed, or dispensed with, is a thing which I do not under stand. This is a very good, as well as a very old Order of the Court. Under what authority does - any Master take upon himself to dispense with that Or der ? Let them obey that Order,. and Receivers will pass their accounts and pay their balances, I have no doubt. ' But the present practice of dispensing • with, the Order is abominable ;' tor I will . Nrriture,io say there have occurred in my time 100 cases "in this Court, some of which may be..depending per haps-at 'this moment, in which the Receiver, or Collector - of money, , under the auttority i . of this Court, looks to nothing but to that of obtaining the authority of the Court to become such Receiver; he receives money troth time to time,.• which is to be appropriated to the maintenance of children, and on they-go for 20 years together, without passing their accounts at all; and when the party arrives at majority, the Whole account is closed up, \ and this Court hears nothing of the balance . ; nor.-indeed of the stale, of the accounts. When ,ever these this s. happen, and they have too often happened, it is the fault of the Master for not enforcing the Order of the Court, which Order J have mentioned. This evil must be correaled."-L-This appeared -to-have the 'ef fe6t, as it were, of a thunderbolt on some parties ; but we ought .to observe, it was not applied to the. particular case before the Court. QUEEN-SRUARE.—An old man, grey headed, apparently of the age of sixty, was brought up -to answer a charge made by the parents of a, young fe male under thirteen, of having committed a rape. .The charge was proved very substantially by the child and the 'surgeon who examined her, and was then acknowledged by the hoary,offerider; who of , fered by way of amends to make a settlement for :life on her of to I. per. annum. This would not. be Jistened to by the Magistrates, who' committed him to prison for trial. . On Saturday Mr. J. H. of Folkstone, was com mitted to Westgate gaol by the Mayor of Canter-. bury on suspicion of forgery. On his,being charged with the offence, he attempted to put an end to his existence at the Union , Bank in that city, by shoot ing himself with a pistol,. which, hoWever, he did not accomplish, as the ball, after passing through his clothes, and inflicting a wound against one of his ribs, tell upon .the floor. conjectured that part of the charge of powder had 'shaken out of the pistol by carrying it in his poCka, which' prevented the fatal effects he meditated. Wyndhiin's b. c. Ainbrosio Air. tamor's Wren •Monday se'nnight two'Ladies bathing near Hass Marsh,. Cork, were carried down by the force of th& current, and by inconceivable efforts kept themselvei: from siniing, until a fisherman ventured to their as . .: siscanee, and rescued them. from drowning. They'• had floated a very considerable distance with the' current-. Some of the most respeaable Freeholders of Hampshire, among whom are the Members for the County, have signed a requisition to.the High She riti-to call a Meeting, for the purpose of addressing his Majesty, on the cessation of hostilities with . Spain, and on the efforts made by that nation to assert their independence. SuiciDe.—Yesterday mcrniug a Gentleman of the name of Stuart, residin't; in Brompton Crescent, Chelsea, walked to Bromvon Row, and called for a coach from the stand. The Coachman refused to take him, when he immediately returned home, and soon after shot himself with a pistol, and instantly expired. .CANINE AFFECTION.- - Ott Wednesday se'nnight a gentleman's groom went to Windsor from Stoke Green on horseback, accompanied by three dogs, two pointers and a terrier; on his return, within about half a Mile of home, the horse on . which he rode took 'fright, threw him, and ran home, attended by two of the dogs, the terrier and one pointer. The appearance of the horse at home without the man na- 1 t orally excited in the minds of the other servants an apprehension that some accident had befallen him, and two of them, a man and a wornan,i.vent in quest of him. ,After searching in vain about two hours in the lane which is in the dire& road to Windsor; they were induced to look into the cross road, whither they went through a field'; whilst in the field, the man called the groom's name aloud; which was answer ed by the barking of a dog. The woman observing that she thought it the voice of the dog which, had not come home, they direaed their course to the snot whence the voice priiceeded. As scion' as they, got into the lane, they descried a dog at a distance mak ing tower& them, which proved to be the very dOg. Upon coming up to thefts, he'discovered alternate symptoms of joy and uneasiness, an 4 ran before thew, as if desirous of shewiug them the cause. They fill Owed, when lo ! he condu6ted them to the spot where: lay the Mad in a' ditck by the load-side, apparenily lifeless. They, carried him home, and laid him an 3 bed, the - dog staying with him the whole tune, and by a whining noise discovering his anxiety, The persous who were in the'room made several at tempts to turn' the dog out, hilt without Success ; they were at length so won upon by the creature's manners, that they allowed him to remain;' when he at length .placed himself on. the man's 6eA, and, watched him With the most painful anxiety, and as , he groaned, so did the dog Mourn, prOportiohing, the height and duhstion of his voice to that of tbq`, main ; nor did be quit the bed until twelve es"el(SeW. . of the following day, when the man seemed restored: to his senses. What is more remarkable is; that_ front-the time he was laid upon the bed, the, Man, ,was alternately'affeaed with a stupor or total Oen-, sihility, and a most: ungovernable frenzy, and in -the latter state directed his violence to the poor animal, treating - bins most unmercifully, but the dog would not. leave hiM. Tuesday afternoon a desperate pitched battle•was fought in Tothill-fields, between i•tollinan and a : butcher. They - had nineteen rounds, which lasted for three quarters of an hour, when vi&ory was de clared in favour Of the tont - Ilan. The butches - -was severely beaten, and was carried off to a coach. The toilman also received many desperate blows. They fOught for a purse of ten guineas, which was bsci?d with five guineas more by - each c.f the parties. t loneS Was second to the tollinan, and another Well-knoWn band on the Turf was second to the butcher. `A pro digious multitude.were present. ' Bank Stock, .Navy 5 Per Cent. 98 99 I rish 5 per Cent. 4 per Cent. 84 Per Cent. Red. 68 3 per cent. Con. 67; tr Bank. L. Ann, tBi 15- t6ths tnd publithed by WI LIA Am AR I Gilt 'SCRIPPS, South MOltOrl.Stree, G•osvenor—;qti or the Parser. 1 titters for the Editor, &-c i - (Dost-paid) must be addressed. , epORTIAG ikTLLIGENCE. HTON ; 'CuEsnAlf, AuCtisr 2. .. The daces 'ebinmeticed heie with a prospeEt Of such spOrt a 3 is pot often Iheld out in the-annual lists, 4lici the re.Sult ,of ihe first day verified every thing Litt had anticipated. Brighton, is not so full of company as ußial in the race week, but the course never presented ,a mere graceful seleEtion of visit ants. The Prince having arrived at half past Oue o'clock, the first race commenced as follOws A Sweepstakes ()lugs. each, 11, ft. Four miles. Mr. Fermor's Cerberus - Mr. Wyntilim's b. c. by,Arnbrosio A tolerable good.race-7 to 4 on the Wiriber. t _ z The next race was for third year of the Paviliocl Stakes of .10 guineas enh, h. ft. for 3 yr colts, gst; and fillies, Bst. gib. the last mile. This race caused moxebetting-and anxiety than any race had ever don 6 before here, as. Vandyke,. Rubens, and Chester; were the. three first.. horses in' contesting for the Derby Stakes at, Epsom.. The following were the -horses placed as they came in : His R. H. the Prince of Waies's Rubens, brother to Castrel Duk:i of G ratton's Vandyke - - . - ',oat Egremont's b. c. by Gohanno - - - 3 Mr. Ke►leranan's ch. c. by . Sorcerer Lord Grosvenor's b. c. Chester - The Judge placed three. Before starting, It, to S On Vandyke, 3 , to I against Rubens, and (i and 7 tot aglinst the others. A better • race was Bever seer'by the oldest sports= man on the turf, than that between the two fa vourites. They eroceeded neck and neck_ up the lines; with both jockeys at. full play, and the race was ,won by a head. The Cognoscenti were the chief losers. The' next race, as follows, was as well contested, and won by a neck, betting being 6 to 4 on the field against the favourite, Tim. A Silver Cup of so guineas , thlue; One mile and three quay. tern.• . . . •Mr. Bowes Daly's ch.c. Sasenagh, 6 yrs old • . I Lord Egrenonis b. I..by Goban7la, 3 . yrs old His IC H. the Duke oi York's bl. h. Tim - z - - 3 Three to i against the whiner. The company left the course in apparently high gratification. Account of cash and other kinds of voluntary offers to .the Supreme Government of Op o rt o , oa occasion of the happy restoration of the Kingdom of Portugal, from the 30th of June to the 16th of July, JBOB Alit' Res's. jo,seph Pereira Ferran - 600„Ooo,and 800 measures / of ruillet. , ' . Frii.)-fisa Joseph da Kocha. z 40,000 A. i. De Carvaino -6,40 d and 3 pike-men, .., Xavier Ferias and Son - 400,000 • .TneCniet Lu,dge da Costa 2 2 , • . . . ' Pinto . 5 ° ' °°3 . .. • . NI o:sei c ,Castro - - - - 400,000 A. Correa and R. Pacos - 43,5d0 A fro:lcy' R ibeiro, specie tooieoo CarS•alho e Fonseca - 80o,oco ' Ribeiro De Mesquito - 300,000 Francisco Lopes - •.: 40 arrobas of dried fish. A bred De Lima* . -. . 2.40,00 a , Freitas and Monteiro - 2.00,000 Coelho da Silveira - - roo,wo Olivel,ra Henriques - . 240,000 . A lcantara sa Lopes . 300,000 itento Bernardes ... - 20 pieces woollen cloth. Pereira Cassassd Bello 600,000 , Heael :Ind Co. - so,ooo and 9 pieces cloth. Isathoza d' Albuquerque 2.00,000 Maehaao Ferreira - .ItCo, 000 - , Martins, Carvaiho and Co. 240,000 ' ' - -' A ranjo.Linta - - soon pair of stockings, i Souto, Freitas, and Sons rzoo measures millet. Guimaraeus and Co. - 120,000_ . Baretto de Franca .. 600,000 . . Lourenco Mendez . 1,o0„),00o The Illustrious Senate ) - of the Chamber of Z- 3,000,e00 the'Ciry .) Martins, Mantes, and . _ , Al arti.ls si pieces woollen cloth, , Pereira Cuimaracus ? 3o dittO;4B3 yds. of liner s 5- cloth, and 17 of tow. Freitas and Faria .. 400,000 Antonio Taveira - 5 , ./0,C05. , . P 2$ Widow Mello and Son 72 measures mi llet, - I I , ditto rye. Pereira Guirnarcns so pieces linen cloth. - , .. . Oliveira Gandra, specie so,coo Gonsalves Salgueiro, ditto 4,8ci0 , C:nrysostorro da Fonseca and 775 yards limn c 4 0.i11 . Ihi Costo Dourauo, Rbde Z 48,0.. specie. I/Advil - 1 - • , D. Clara de Sa and Souza 27,8 . 00 Ribeiro de Farla - - 600,000 . losepti Antunos, paper - 20eq000 Luis da Costa - - 200,000 . iosepli Gonsa‘yes a. 1,000,000 Antonio Ramos - • 50,000 Garcia de. Muraes - , . 200,000 Joseph Ferreira Azevedo ' 200,000 Total - z 6,377,566 On , Saturday afternoon, as the servant of Cog t "., Ootz; of the Northumberland Militia, stationed '" Brighton Barracks, was driving a Lady in a gig; tai deco-fashion, with two horses, through the C 1 the gig came in contact with a waggon standing the street, and was overturned. The servant caped unhurt ; but the Lady pitching on her heOY O and being dragged• a short space .with the bro o 4 vehicle, was taken up senseless. tier head.and ts ( ; 0 were dreadfully cut, but happily rib fracture of ti skull had taken Once. . • DIED. 44' o f 1; • On the id inst. Thomas Astley Maberly, Esq. 0 - ford:.row, in the 6141-year of his age. PRICE OF JTOCKS YESTERDAY'. India Stock, India Bonds, 4?. 6s. PI:. / IP ExChequer Bill,, 4s. bs Oihnium, r a 2. pr. 1 1 Imperial 3 per Cent. 67 ' Ditto Ann. Cons. for 25th inst. 63 al„, 1e HIGH WATER AT LONDON BRIDGE TO-Nx - ROW. fret %1 Nrorning, to min. tfter 1.1 Afternoon, 37 B MT HS' .- e t, ,On Tuesday morning, •in 'Seymont.place, Curzon-st n Mrs. Thonfas Raikes, oT a Daughter. on the 28th 'u;t. Mrs. Maxwell Got ~, n , of Alb ir street, Ediubdrgh, of a Son. .1 MARRIED, . IN . , ~1.0.p1y, Mr. S. T. Dunster, of Enfield, to Miss lsa Y ' ftiy; of Chandcs. str=t, Covent-garden. o '4 • A ;few days ago, 1. Osbrey„, Esq. ,of Rathgar, 1(;), 0 0' County of Dublin, to Aii36 Jones, 01 Aungiet. street, P • lin. ' - -. -. - . . . .. , ....._. .------/ . 1